{"id":19099,"date":"2015-10-05T07:55:22","date_gmt":"2015-10-05T12:55:22","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=19099"},"modified":"2015-10-05T10:35:35","modified_gmt":"2015-10-05T15:35:35","slug":"la-trial-counsel-not-ineffective-for-not-moving-to-suppress-search-that-was-clearly-based-on-exigency","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=19099","title":{"rendered":"LA: Trial counsel not ineffective for not moving to suppress search that was clearly based on exigency"},"content":{"rendered":"<p>Trial counsel was not ineffective for not pursuing an exigency-based search issue where police entered after hearing cries for help when the grandfather of missing children entered and found blood on the floor. A suppression motion would have lost. <a href=\"http:\/\/www.lasc.org\/opinions\/2015\/15KP0965.pc.pdf\">State v. Hebert<\/a>, 2015 La. LEXIS 1972 (October 2, 2015).<\/p>\n<p>Defendant was involved in a car theft and the owner gave chase and a gun was waved. The police came to defendant about it, and he consented to a search of his home for the weapon. He was not in custody at the time of consent. <a href=\"http:\/\/www2.ca3.uscourts.gov\/opinarch\/144611np.pdf\">United States v. Brown<\/a>, 2015 U.S. App. LEXIS 17204 (3d Cir. September 30, 2015).*<\/p>\n<p>The record shows that defendant\u2019s girlfriend had apparent authority to consent, even if not actual authority, yet doesn\u2019t tell us what it is. <a href=\"http:\/\/www.ca4.uscourts.gov\/Opinions\/Unpublished\/144572.U.pdf\">United States v. Gomez-Jimenez<\/a>, 2015 U.S. App. LEXIS 17137 (4th Cir. September 29, 2015).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Trial counsel was not ineffective for not pursuing an exigency-based search issue where police entered after hearing cries for help when the grandfather of missing children entered and found blood on the floor. A suppression motion would have lost. State &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=19099\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[30,24,3,23],"tags":[],"class_list":["post-19099","post","type-post","status-publish","format-standard","hentry","category-apparent-authority-2","category-consent","category-emergency-exigency","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19099","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=19099"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19099\/revisions"}],"predecessor-version":[{"id":19109,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/19099\/revisions\/19109"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=19099"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=19099"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=19099"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}